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ORIGINAL POST

Posted by Chiquita12 9 mths ago
Hi, i'm a domestic helper and my contract will end this Dec.14 and i will not renew anymore. I informed my boss about it. Then she asked me to give her a resignation letter before Nov.14. Do i really need to give resignation letter?since i will be finishing my contract by Dec.14 after 6 yrs working with her?!

COMMENTS

Boundaries 9 mths ago
Hi There,

No, a resignation letter isn't necessary as you mentioned you will be completing your contract.

Should you provide a resignation letter it could be read as "break contract" which isn't the case.

bananaq 9 mths ago
no need.

Chiquita12 9 mths ago
Thank you so much for the replies but yesterday i send email to POLO and they said
"Giving notice of termination is necessary whether you are finish or not finish contract worker. If you are a finish contract worker, you should still provide notice to your employer, however, the reason will be finish contract and will not be renewing your contract. You are considered a finish contract worker if you have 23 months of service with your employer. You may be released one month before the expiry of your working visa. "

bananaq 9 mths ago
yes but it is not a resignation letter only a notice of end of contract to your employer that you will not renew. totally different from resignation letter

Chiquita12 9 mths ago
Yes, that exactly what I meant to my employer. It is possible i can get my LS? Since i'm entitled for that.

Boundaries 9 mths ago
https://www.labour.gov.hk/eng/faq/cap57l_whole.htm#q6

The link above is the Labour Department guidelines on LS.

As far as I know you are entitled to Long term service on completing 5 years, in your case, it will be 6. so, yes.

HKLEV 9 mths ago
If I read the rules correctly severence only due if the EMPLOYER terminates or EMPLOYER does not offer to renew the contract. So if you resign/decide not to renew it does not appear as if you are due LS.

Chiquita12 9 mths ago
Depends on employer and the case of the helper. I read my contract properly so far my boss ignored about my health problem (ovarian cyst). So i have the reason for that entitlement and about the terms and conditions it says there ILL HEALTH.


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